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2000 Supreme(Bom) 905

G.D.PATIL, A.M.KHANWILKAR
Rajaram Gajanan Gangal & others – Appellant
Versus
Special Land Acquisition Officer & another – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---Rule. Returnable forthwith. Learned Counsel for the respondents waives service. Heard both the sides.

2. By this petition, under Article 226 of the Constitution of India, the petitioners have prayed for quashing and setting aside the order dated 3rd January, 2000 passed by the Special Land Acquisition Officer, Metro Centre No. III, Panvel, Dist. Raigad rejecting the petitioners' claim for payment of 40% of the amount of award dated 5th February, 1998 passed by the respondent No. 1, which was towards their share for compensation as the landlords of the land which has been acquired.

3. Briefly stated, the facts are that the land in question is an agricultural land at village Karanjade, Taluka Panvel, Dist. Raigad. The said land was acquired for New Bombay Project in the year 1970. The acquisition proceedings culminated in the Award passed by the authorities on 19th September, 1986. Subsequently, since an award in respect of the neighbouring land, which was also acquired under the same notification, was passed on 21-12-1995, granting the market value higher than the rate granted to the petitioners under the Award dated 19th September, 1986, the tenant














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